Resource consent has been sought and granted to construct a right-of-way access road through 145 Drs Pt Rd to the 3-Lot subdivision on the adjacent parcel property at 135 Drs Pt Rd.
After the meeting the other night, with the representative from DCC Planning telling us that activities are either "permitted', or would be notified as long as changes are "more than minor", I am a bit concerned.
I contacted the DCC Planning department again today and was informed that, whilst this was a "non-complying activity", it was deemed to be "a true exception", due to the other access limitations of getting into the property.
As discussed before, there is no clear prescription from the DCC on what size access roads must be, but there is equally no restriction on "farm access" tracks being constructed to ANY size or standard. Only that any construction would be entirely at the land-owners risk.
This doesn't sound like a rural activity to me, and certainly I would think that it constitutes a "change of use" for the particular strip of land in question, but there you have it on the rules.
By the same token, I have no idea whether the effect on traffic, road safety, or suitability of the current access point to the land has been addressed by the DCC.
I truly feel that if the site is allowed to progress on the basis of a thousand "not more than minor" changes, then this is the death of a thousand cuts for Mrs Simpsons former property.
The DCC MUST, I feel, take a holistic view on the intent of any work on this site, and I hope realise that the ONLY intent here is to subvert the process to one goal, and one goal only.
Making money.
On a happier note, the DCC Planning dept did say that the construction of access roads would in-no-way affect the likelihood of success or failure of any future application to allow further construction of properties on the site, and that any such application would definitely still be fully notified.
Such an application would definitely need to highlight what is "unique about the site or activity" for it to get through and past the environment court.
Formerly the late Mrs Simpsons property, "Opeke" is 29.2 acres of Rural-Zoned land, located at 145 Doctors Point Road Waitati, which forms a peninsula that reaches out into the Blueskin Bay tidal estuary.
This web site discusses current developments at the property since it's purchase by Allan Dippie (Willowridge Developments) in April 2005.
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Please email me if you want a copy of the Planning Aplpication - l_h_paterson@hotmail.com
Excerpts of the application follow:
5. Transportation (Assessment Matters 6.7.24, 18.6.1(c), (i), and (m))
Council is required to have regard to the objectives, policies and assessment matters of the Transportation Section. The Technical Engineer, Transportation Planning, has considered the application. She advises that:
Proposed Lots 1 & 3 are zoned Rural and contain existing dwellings. Both of these allotments are located entirely on the northern side of the railway line. The amended proposal provides for vehicle access to these allotments from Doctors Point Road via a right of way over the adjoining property to the east. The proposed vehicle access is located approximately 50 metres east of a level crossing on Doctors Point Road. The operating speed in this environment is 65 km/h and Doctors Point Road is a local road in the District Plan road hierarchy. Therefore, the Road and Traffic Standard 6 recommends a minimum sight distance of 70 metres. This sight distance is achievable in both directions from the vehicle access.
The new vehicle access will be formed in the same location as an existing farm access. The access will need to be upgraded to comply with the Council’s specifications, as the use of the access is changing from rural to residential.
The right of way is required to be formed to a minimum width of 3.5 metres, as it serves two residential units in the rural zone. Further, the first five metres of the driveway is required to be hard surfaced, as Doctors Point Road is hard surfaced.
Proposed Lot 2 is zoned residential 5 and is currently undeveloped. This allotment is located on the southern side of the railway line and will be amalgamated with Lot 1.
Proposed Lot 4 is zoned residential 5 and is currently undeveloped. This allotment is located on the southern side of the railway line and will be held in a separate certificate of title. The vehicle access to this allotment is not ideal as it falls steeply from the carriageway. The access could be improved by constructing a platform at the road level to enable a vehicle to be level with the carriageway before entering the road. The first five metres of the vehicle access is required to be hard surfaced, before residential activity commences on this allotment.
The visibility at any vehicle access to this allotment will need careful consideration. While the speed limit in this environment is 50km/h, the operating speed is 65km/h. Therefore, at least 70 metres of visibility will be required in both directions from the access. It appears that this is achievable.
Lot 5 will become an Esplanade Reserve.
In conclusion, Transportation Planning considers the effects of the proposal will be no more than minor provided the following conditions are placed on the resource consent if granted:
The full length of Rights of Way A and B shall be formed in an all weather surface to a minimum width of 3.5 metres;
The consent holder shall hard surface Right of Way A from the edge of the seal on Doctors Point Road to a point at least 5.0 metres within the property.
In addition, Transportation Planning recommends that the following advice notes should be attached to the resource consent if granted:
A formal agreement should be drawn up between the users of the Rights of Way to clarify their responsibilities regarding maintenance of the rights of way.
Before residential activity commences on Lot 4 the vehicle access will need to be hard surfaced from the edge of the seal on Doctors Point Road to a point at least 5.0 metres within the property, in order to comply with the Transportation Section of the District Plan. Further, at least 70 metres of visibility from the vehicle access will be required in both directions. This access can be improved by constructing a platform at the same level as Doctors Point Road;
The vehicle access from the carriageway to the property boundary is over road reserve and is therefore required to be built in accordance with the Dunedin City Council Vehicle Entrance Specification (to be obtained from the Dunedin City Council Roading Department).
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